goornah v republic of mauritius communication 596 of 2016 2018 achpr 134 28 april 2018

goornah v republic of mauritius communication 596 of 2016 2018 achpr 134 28 april 2018

The complaint was declared inadmissible because it was not submitted within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The delay of over three years was not justified by the complainant.

Citation
goornah v republic of mauritius communication 596 of 2016 2018 achpr 134 28 april 2018
Parties
Victim: Romy Goornah; Respondent: Republic of Mauritius
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
28 April 2018
Procedural Posture
Human Rights Complaint / Admissibility Decision
Outcome
Communication declared inadmissible
Legal Topics
Right to Fair Trial, Exhaustion of Local Remedies, Admissibility of Communications, Judicial Independence, Impartial Tribunal
Source Language
English
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Local Remedies Admissibility of Communications Judicial Independence Impartial Tribunal

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Parties

Romy Goornah

Victim

Republic of Mauritius

Respondent

Procedural Posture

Human Rights Complaint / Admissibility Decision

Legal Issues

  1. 1 Whether the complaint satisfies the admissibility requirements under Article 56 of the African Charter
  2. 2 Whether local remedies were exhausted
  3. 3 Whether the complaint was submitted within a reasonable period after exhaustion of local remedies

Ratio Decidendi

The complaint was declared inadmissible because it was not submitted within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The delay of over three years was not justified by the complainant.

Court Disposition

Communication declared inadmissible

Orders

  • Communication is inadmissible for failure to comply with Article 56(6) of the African Charter.
  • Decision to be notified to the parties in accordance with Rule 107(3) of the Rules of Procedure.